White Pigeon officer gets jail time

Tuesday

Aug 27, 2013 at 11:31 AMAug 27, 2013 at 11:31 AM

By Don Reiddwreid@aol.comCOLDWATER — White Pigeon Police Sgt. Bill Burgoyne will serve 30 days in the Branch County Jail after pleading guilty to driving while impaired in a roll over accident April 12 on M-60-66 in Sherwood Township.

With tears in his eyes Burgoyne told Branch County District Judge Brent Weigle, "This was so much more than a mistake or a bad decision. I know better. It has really, really affected my life and won’t happen again."

The 25-year-plus veteran officer said he let down his family, community and the law enforcement community.

"I feel terrible about it," he said.

Defense attorney T.J. Reed presented several letters from law enforcement and White Pigeon city leaders citing Burgoyne's community work and mentoring.

"Nobody is going to punish Mr. Burgoyne more than he has already punished himself," one of the letters said.

Burgoyne underwent counseling "for the psychological impact and for just dealing with the fallout for the decision he made," Reed said.

The defense attorney asked for not more than a week in jail and probation with community service in Branch County for Burgoyne. Reed also asked for work release if his client was sentenced to the recommended 30 days.

St. Joseph County Sheriff Brad Balk told Weigle Burgoyne had donated hundreds of hours to the county and White Pigeon school system, communicating with kids and using his K-9 dog.

Balk said, "Bill has already beat himself up pretty badly about (driving impaired). I would hate to see it go much farther. He is a professional and a tremendous person."

Balk asked for leniency as Burgoyne was a first-time offender.

Other first-offense impaired driving sentences handed down in District Court Monday were for 7 to 10 days — but Weigle noted that none of those cases involved accidents.

"If I give you less than 30 days I would be treating you differently," Weigle told Burgoyne before adding, "I have respect for what you’ve done as a person."

Weigle said police officers, judges and prosecutors are held to higher standards. The judge said there would be too much pressure to have a police officer on probation or to allow work release.

As a former defense attorney and prosecutor, Weigle said he felt having a police officer on probation or work release "would give defense attorneys a field day" in court cases.

"It’s not appropriate and would make a mockery of the court system," he said.

On the night of the accident in which Burgoyne was involved, White Pigeon Police Chief Lynn "Dutch" Baker and Burgoyne were on their way back from a meeting in Lansing when Burgoyne rolled his wife’s 2008 Cadillac CTS on Mendon Road near Oliverda Road around 6:10 p.m.

When Michigan State Police troopers arrived at the accident scene, both men were out of the car, which had damage to the top and right side. When questioned about the accident both officers invoked their Fifth Amendment rights and declined to answer.

An open container of an intoxicant was in the vehicle, along with an ice chest.

Branch County Prosecutor Ralph Kimble was brought to the scene. MSP officers then sought warrants and subpoenas for evidence. Seat belt marks on Burgoyne's chest proved he had been the driver of the vehicle.

Burgoyne was suspended by the White Pigeon City Council for five days and was held in abeyance another seven days.

Weigle said he thought White Pigeon officials had not thought through the letters they wrote in support of Burgoyne and that they wrote them out of loyalty. The judge suspended 63 days in jail for Burgoyne on the condition he not have an alcohol-related arrest within one year.